The Firm has represented interests in cases of violation of antitrust laws, including issues relating to cartels, abuse of dominant position, and agreements restricting competition.
The company has also represented clients in cases involving abuse of a dominant position, as well as procurement of state-owned companies.
Examples of successful representation of interests in relation to antitrust cases:
-
an energy company - an interested party - in a lawsuit in a regional court in the case of contesting the tariff for the transmission of electric energy established in relation to the client. In support of the administrative claim, the administrative plaintiff pointed out the inconsistency of the contested normative legal act with the norms of the current legislation, the inclusion of unreasonable expenses in the tariff, the mismatch of the energy company with the criteria of the territorial grid organization, and the violation of the pricing principles in the field of regulation of prices (tariffs) in the electric power industry. The plaintiff also submitted an examination, for which we prepared a review. The Supreme Court agreed with our objections to the stated arguments of the administrative claim and refused to satisfy the claim, stating that the impugned normative legal act fully complies with the norms of federal law, and was issued by the authorized body within its competence in compliance with the established procedure;
-
a large electric power company in a regional commercial (arbitration) court in connection with contesting the decision of the antitrust authority on bringing to administrative responsibility the violation of the rules of technological connection to the heat supply system;
-
a construction company vis-à-vis the FAS Russia in relation to a complaint against the actions of a state institution-customer during an electronic auction for the right to conclude a state contract for the reconstruction of a highway worth more than 1 billion rubles. The commission of the antitrust authority recognized the complaint of the construction company as substantiated regarding non-placement in the unified information system of the design and estimate documentation in full, the submission of inadequate explanations of the provisions of the auction documentation, and it issued an order to eliminate the identified violations;
-
an electric power company in the Moscow Arbitration Court, upon a client’s claim to declare the decision and order of the FAS as unlawful, which considered the client’s actions as abuse of a dominant position, expressed in evading the conclusion of an agreement on the technological connection of power receiving devices, and issued a relevant decision. The Moscow Arbitration Court did not agree with the conclusions of the FAS and found its decision and order unlawful;
-
an electric power company vis-à-vis the FAS in relation to a complaint about a client’s actions during competitive procurement. The cancellation of the procurement results was refused;
-
an electric power company in an arbitration court on invalidating the results of competitive procurements.